you're watching cbs 5 eyewitness news in high- definition. tragedy off of the coast of california. two boaters are missing and two others hospitalized after their boat overturned. get rid of it or not get rid of it. the death penalty. how most folks feel about capitol punishment as we head to elections. warmer than yesterday, that is nothing, the hottest day is still to come. we will pinpoint it with your forecast. good evening. we begin with breaking news on the peninsula. that is where shooting investigation has traffic backed up a long way on highway 10 one in san car los. a car was seen swerving before going off into the bushes. they do not know when the highway will be cleared. now, to developing news

along our coast. the coast guard is searching for two fisherman lost at sea after their boat capsized. it happened around 10:30 this morning at pigeon point. that is just south of pascadaro. we find out what happened and we have the latest on the search. >> reporter: as much as we know the boat left the marina at 5:30 this morning towards pigeon point, two miling north of pigeon point, -- two miles north of pigeon point, the men f , if they were men, were fishing and then a wave knocked over the boat. four of the people were in the boat, two wearing life vests and two were not. the two wearing life vests made it to shore and the other two remain missing. now, sergeant gonzalez from the

sheriff's office brings us up- to-date. >> the problem was a delay in the search t. happened at 10:00 but one of the -- it happened at 10:00 but one of the subjects self-rescued and crawled his way up to the farmhouse and called 911 there is about an hour delay. the boat is pretty much right on the shoreline. not that far out. 50 yards or something like that. and, and so that was how the two made it to shore. one made it to shore and suffering from hypothermia and the other was able to make it up here to the farmhouse. >> reporter: so, two people with life vests are going to survive. they are hospitalized and the search continues for the other two missing. the coast guard has been involved all day and will resume the search as well as members of the state parks association and the county sheriff's office. >> all right, don, thank you very much. it is one of the hottest days of the year and there is more to come. thousands in the bay area got outside to take advantage of the nice weather. we are told cooling centers are opening in the hottest parts of

the east bay for those who need to go somewhere cool. today is a spare the air day. just how hot is it? let's look to roberta for that. >> reporter: we have been flirting with triple digits all day long. good evening, everybody. so far not a official reading in the triple digits but we are close. the coast is clear. nothing but seemless sunshine. high pressure, the key component, continuing to expand over the western states end result, off shore winds blew the stratus out over the open waters t waters. it is out there. 200 feet off shore. so, we have the sunshine and a look at the current conditions right now. 99 degrees from livermore, san francisco, it is at 73. average high this time of the year, 70. yesterday at this hour, it was 62 degrees. santa rosa, sporting 49 degrees. all of it comes at a price. we have yet another spare the

air day for our monday, especially away from the bay in the eastern portion ever the bay area and into the santa clara valley where we have the trap close to the surface. the hottest day of this miniheat wave still to come. we will pinpoint that coming up. >> thank you. a new poll shows that californians are reluctant to abolish the death penalty. proposition 34 would replace capitol punishment with life in prison without parole. the u.s., los angeles times poll 38% of voters favor getting rid of it while 51% want to keep it. however, that gap narrows when voters find out that prop 34 requires convicted killers to work in prison and give their earnings to victim's families. we talked to supporters and opponents of the measure. >> right now, death row inmates sit in private cells, watching tv, talking to their lawyers, prop thor putting an end to that and puts -- prop 34 putting an end to that and puts

them to work. >> reporter: and it sentences them to life in prison without the possibility of parole and every person convicted of murder to work in prison and pay restitution to the victim's families. representatives from both sides spoke on cbs 5 eyewitness news this morning. >> i think when i read the cases of the people who are on death row it is stunning in the evil that we are looking at. >> reporter: steve, the district attorney for san moteo. >> there needs to be a difference between people who commit more evil murders than others. >> reporter: statistics show the punishment that is meant for the worst of the worst is not carried out. california has more than 700 inmates on death row, only 13 have been put to death since capitol punishment was written into the constitution in 1972. >> that means california death penalty is a false promise for victims, 99% of the time we have lied to victims when we

said we were going to carry out an execution and dragged them through decades of appeals. >> reporter: costly appeals. some say the state could save $130 million each year with prop 34 but, the factors gumming up the system that puts a stop to all executions since 2006 can be overcome. >> i do believe that if there is the political will, if our leaders will step up and do the right thing and work with everybody on all sides and say let's -- here is what can be done to make things better. then we can have a viable death penalty. >> life without parole say better choice for everyone. >> the proposition is not a statistical heat in the latest polls. with the no on 34 campaign showing a slight lead. in the news room, cbs 5. governor brown signed a bill that could help the

state's prison overcrowding problem. that bill offered by san francisco lawmaker could lead to the release of criminals sentenced to life in prison when they were juveniles. it allows inmates to ask judges to reconsider their sentences after having served 15 years. the judge could then reduce the sentence to 25 years to life if the inmate shows remorse and taking steps towards rehabilitation. two women were rushed to the hospital following a crash that flipped their car. two cars crashed into each other just before 9:00 this morning at the intersection of battery and green streets in san francisco. the crew his to cut into one of the cars to free the women from their overturned vehicle. the extent of their injuries is not known at this hour. early indication is that one of the cars was driving the wrong way on a 1-way street. gay rights activists are expected to protest the insulation of san francisco's new archbishop this week. oakland bishop will take over the position this thursday.

he was a key force behind prop 8 that banned gay marriage throughout the state. last month the bishop was arrested in san diego and charged with drunk driving. he later apologized. a woman accused of killing a nursing student begins tomorrow, the trial. she killed 26-year-old michelle leigh last year. they say the motive was that leigh ruined her relationship with her boyfriend. she disappeared from a parking garage last may. her body was found months later in a remote area between pleasantton and sanol. another deadly attack in afghanistan. how it marks a grim milestone in the 10-year war. both presidential candidates hold on, preparing for this week's first debate. how ,,

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in campaign 2012, the presidential candidates are getting ready to face off in their first debate in denver on wednesday. both president barack obama and

republican candidate, mitt romney, spent the weekend preparing to go head-to-head. romney used senator portman of ohio to act as his opponent. john carrey played the president. they said both men are ready. >> i think that both are excellent in their own way. you can argue that mitt has had a lot more recent experience. >> the president has a day job. the president has been president and has not had the time to practice. all we hear about is how much mitt romney is practicing, practicing, practicing wherever he goes. >> reporter: today, president barack obama headed to las vegas while mitt romney attended church in massachusetts. in afghanistan, five people are dead including two americans after a firefight broke out in the eastern part of the country. an insider attack similar to the ones that have killed dozens of nato forces. drew levenson tells us how this a tack marks a grim milestone.

[gunfire] >> reporter: this weekend marked a deadly milestone in afghanistan. 2,000 american soldiers killed since the war began nearly 11 years ago t. happened at a checkpoint in the eastern part of the country. one u.s. soldier, an american contractor, and three af began soldiers were kill inside a firefight. >> the serbg is stances were somewhat confused. -- afghan soldiers were killed in a firefight. >> the circumstances were come what confused. >> reporter: nato did not say if it was another of a series of insider attacks where afghan soldiers turned on the coalition troops. the so-called green on blue attacks left 52 forces dead this year. joint operations resumed after being suspended two weeks ago. >> our relationships are very strong, and very effective. >> reporter: still, u.s. commanders are concerned about the attacks. >> well, i am mad as hell about them, to be honest about them. >> reporter: the head of nato

forces spoke to "60 minutes". >> we are willing to sacrifice a lot but we are not willing to be murdered for it. >> reporter: another top officer says these incidents are a serious threat to the u.s. mission in afghanistan. drew leven son, cbs news. up next, lindsay -- drew levenson, cbs news. up next, lindsay lohan assaulted in a hotel. for the cbs 5 weather center, good evening. it is never a good thing when you can see the air that you breathe. and we ,,,,,,,,

[singing] the latest person to fall victim to bieber fever, his tour got off to a bad start. he vomited on stage, two different times. we will not show you the stomach-turns video but it is all over the internet. >> he tweeted he is getting better for his show tonight in vegas. he tweeted milk, a bad choice. lindsay lohan says she was assaulted at a hot nel new york city. she claims she was choked and thrown to the ground by a man she met at a nightclub. the argument was overra photos the man took of her on his cell phone. a man was arrested and charged with misdemeanor assault but late this afternoon the police say the accusations could not be proved so the charges were dropped.

it is hot and we were told it was going to get hotter. >> i was taking a look at the national weather service to see if we have the readings in and not in as of yet. at this hour, 99 degrees in livermore, 101 in pleasantton and the coast is cheer. good evening, everyone -- clear. good evening, everyone. on the last sunday of the month of september. take a look. nothing but sunshine, picture postcard perfect conditions. we have stratus, 200 miles off shore. 73 degrees, yesterday, at this hour, it was 62. it is now 94 in santa rosa and red road city at 90 that is look at mount deablo: the humidity dropped down to 13%, dry. the potential for fire danger does increase. tonight, the official sun down at six:53. going outside, taking a look at the harvest moon. it is full. the temperatures peak on

monday. but the heat watch is allowed to expire. meanwhile, we will see seasonal temperatures by the end of the workweek. tonight, overnight, mild. but, we still have the numbers going down in the low 50s because of the evening and the overnight hours are longer. okay, here is what we are watching. santa rose a san francisco, no way will we see -- santa rosa, san francisco, no way we will see the record. 87 degrees, we will not see a record in san jose but still, hot conditions. high pressure, obviously, right here. bringing the storm track over there and as it continues to expand we see the off shore winds out of the north and the east. out of the north and east that is good idea that they are inland winds and transferring to the coast over -- transferring to the coast over the waters. watch it there. you can point along at home. what do you see? what do you see? absolutely nothing going on. we are stratus free, fog free all of the way through tuesday.

but, taking a big hit as far as the air quality is concerned. it is compromised and we have a spare the air day in effect for your monday. 80s, 90s, peninsula, one00 degrees easily in gillroy. meanwhile, 103 in brentwood, tracy, discovery bay, that is down from earlier forecasts of 106. you will feel the difference. 90s in napa. sanoma, 91 degrees. 75 degrees in san francisco. daly city topping off in the low 80s. here is the forecast, barely any notable difference on tuesday. we will start to feel the cool down, rather, on wednesday. and then seasonal weather returns here in the bay area on thursday through sunday. it will be interesting. we will have a huge deck of low clouds and fog and we have the blue angels coming to town. >> yes. we will be watching that

forecast carefully. >> a big day in sports. >> a big day. >> i think you should stay inside all day long. 10:00 a.m., the 49ers, 1:00, raiders, you had the a's, ryder cup, no reason to go outside today. a's closing in on a play off for the raiders facing peyton and last week was a track ,,,,,,

dan hurd: when i was a child, california was a leader in education funding. erika derry: and the fact that california isn't making it a priority frustrates me. dan hurd: i'm ashamed of that, and i don't want this to continue for my daughter. brenda kealing: prop 38 is going to bring a lot of money to our schools. suzan solomon: the money stays at the school site. cade derry: what i would really like to see is that the teachers... that were laid off come back to the school. navaz hurd: a smaller class size. navaz hurd: as a mom i want that. as a teacher i want that.

last week's stay in ohio

galvinized the 49ers. the head coach, rex ryan was big but he lost 100 pounds. lost more than that today. scoreless, 2nd quarter, greg, opened up the playbook. 7-0. sanfrancisco. 10-0, 9ers, 3rd. jet's quarterback, horrible, ray mcdonald, hits the pass, willis comes up with the interception. sanchez, 100 yards in the game. never found a rhythm. newyork was able to stay in the game thanks to two missed field goals by david acres so the lead remained 10-0. still in question. but, later in the 3rd on 4th down, going in. the 49ers take a 17-0 lead on his 3rd touchdown of the season. here is a bizarre play in the 4th thattized the game. h -- that iced the game. he went down with a knee injury. he flipped the ball up and rogers ran it in for a

touchdown. they shut it out. 34-0. the players said at the end of the game that is more like it. according to jim harbough. >> when your players said more like it, what did they mean by it? >> i understand they said that do you know what it meant? >> more like like it. >> more like it than what? >> that's more like it. they were pleased with themselves, job well done that is the way i took it. >> that's more like it. [ laughter ] >> okay. the raiders had won 4 straight in denver looking to make it 5 after last week's thriller over the steelers opening drive. peyton manning, does not look like he lost any arm strength to me. going 7-0 broncos. raiders down 10-3 before the half. palmer to moore. 37 yards, look at the huge open field tackle, saves the touchdown. they trail 10-6. the 3rd quarter, they all fell apart.

17 yard score to make it 17-6. manning, over three00 yards and three touchdowns on the afternoon. the second half, a debacle. blocked by david bruteon. can not blame a long snap or that one, you can? mcgahee gets it out. 112 yards rushing. denver, 505 yards of over fence. out scored the raiders. 37-six 6. if you have not caught a's fever, you are giant's fan or not human. they were looking for a sweep and now a possible shot at the division title. tommy, trying to add to his rookie level of 13 wins, bottom of the 1st. drops it down to the right field line. that will roll for a triple. the a's put up 2 in the 1st inning, it&it is the cuban missile crisis striking again. if it is fair it is gone. you can tell it good-bye. the 23rd home run of the year.

the a's are up 3-2. two batters later, josh, if it is fair it is gone. 2-runs shot. the 3rd home run in the last four game and it is a's win 5- 2. so, the rangers and angels are playing the second game of a doubleheader. the standings will change if texas loses the a's are a game out. and they host texas for the final 3 games beginning tomorrow night. now, in contrast, the giants, looking like a team waiting to get it started, don't they? 9th inning, in san diego, former padre, goes deep. solo shot to tie the game at 5. that is the first home run given up by san diego closer street, this year. two batters later. there is the second home run he has given up this year. giants score 5 unanswered runs and win 7-5. final day of the ryder cup. rory showed up 10 minutes

before his tee time. hello. now, europe won the first five matches just there. phil mickelson by beat win the the last two holes. steve stricter, oh, no, scared the match. he makes the putt. you are up. oh, you can't serious. what an incredible comeback for europe. they win 14.5 to 13.5. europe one 8 of the 12 matches today. an epic collapse by the united states. >> it was of the last night we were talking about oh, americans got it. yes. >> now. >> tonight on game day? >> we have reporters in oakland and denver and new york. >> everywhere. >> all right. thank you very much. we will see you back here in half an hour and ,,,,,,,,,,,,,,